Onismas Chigwende v The State

HH 640/17

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Case Details

Court

Harare High Court

Date

1 January 2017

Citation

HH 640/17

Neutral Citation

[2017] ZWHH 640

Outcome

unknown

Case Type

Appeal

Bench

Presiding

BERE J

Full Bench

BERE JHungwe J

Areas of Law

Criminal procedureEvidence lawConstitutional rights

Keywords

Robbery convictionInadmissible evidenceConfessions under duressTrial within a trialTorture allegations

Key Issues

{"issue_text":"Whether the magistrate erred in admitting evidence which was inadmissible, specifically alleged confessions challenged by the appellant","issue_type":"procedural","dispositive":"yes","related_facts":"Challenged confessions and indications obtained during alleged torture"}
{"issue_text":"Whether the court erred in failing to conduct a trial within a trial when appellant alleged severe torture and duress","issue_type":"procedural","dispositive":"yes","related_facts":"Allegations of torture during unlawful detention"}

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Facts of the Case

Background

The appellant was convicted of robbery after a contested trial and sentenced to 5½ years imprisonment. The conviction was based on alleged confessions and indications that the appellant claimed were obtained through severe torture and duress while in police custody. The magistrate failed to conduct a trial within a trial to determine the admissibility of this evidence.

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